HomeMy WebLinkAbout451325 HYDRO ELECTRIC - CONTRACT - AGREEMENT MISC - ACTIVE SOLAR ENTRY STATIONSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Hydro Electric, LLC, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and
incorporated herein by this reference.
2. Contract Period. The services to be performed pursuant to this Agreement shall be
initiated within five (5) days following execution of this Agreement. Services shall be completed no
later than February 5, 2009. Time is of the essence. Any extensions of the time limit set forth above
must be agreed upon in a writing signed by the parties.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
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HYDRO ELECTRIC LLC hydroelectric(a7frii.com
PO Box 206 Bellvue, CO 80512 970.217.3724
BID COVER SHEET
CITY OF FORT COLLINS
SOAPSTONE PRAIRIE NATURAL AREA
ACTIVE SOLAR AND/OR WIND POWERED SYSTEM
Hydro Flectric, LLC: is pleased to provide a turnkey oil' -grid PV bid to the City of Fort
Collins Purchasing Department for the Soapstone Prairie Natural At-ca. This lump sum
bid includes the following:
• Schuco 170SPI1 Solar Panels
• Direct Power Top of Pole Mount Racking with tamper Resistant Hardware
• Outback Power System (Off -Grid VFX 1524 Inverter) and components
• Fallriver Gel Mat Batteries (4) rated at 400 amp hours each
• Excavation and trenching with concrete backfill
• Electrical connections and commissioning
• Electrical permitting and building permit
Mike C7annien, owner of I9ydro Electric, LLC is NABCEP certified for PV and a licensed
and insured electrical contractor in the state of Colorado. Hydro Electric, LI.C. City of
Port Collins Electrical Contractor Number is 63-961.
Supporting documentation and all spec sheets are attached to this bid.
SOLAR SYSTEM LUMP SUM $13,420
Did Notes:
• Excavation and trenching bid does not include provisions associated with hard
rock driilintg/trenching.
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EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Service Provider's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Hydro Electric, LLC
Attn: Purchasing
Attn: Mark Sears
Attn: Michael C. Carmien
PO Box 580
PO Box 580
PO Box 206
Fort Collins, CO 80522
Fort Collins, CO 80522
Bellvue, CO 80512
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, Thirteen Thousand Four Hundred
Twenty Dollars ($13,420.00) per the attached Exhibit "A", consisting of two (2) pages, and
incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided underthis agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
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9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
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13, Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
15. Entire Agreement, This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
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f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
If this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Jams . O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
PRINT NAME
CORPOR E PRESIDENTT R VICE PRESIDENT
Date: ? l —/ 4
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EXHIBIT A
SCOPE OF SERVICES
Provide and install a Design/Build active solar and or wind powered system for a remote
entry station in the Soapstone Prairie Natural Area. The building is currently being
constructed by the general contractor, TCC Corporation, who has been contracted to install
1 " EMT conduit and associated metal J-box, gutter box, outlet boxes, and light fixture
boxes based on the Electrical Diagram on Sheet E1.1 to continue construction of the Entry
Station until the contractor for this proposed scope of work has been awarded. The
selected Design/Build contractor for this solar and /or wind energy system will supply all
materials and labor required to install a fully operational electrical system based on the
following criteria listed below.
1 . Refer to the following attached drawings for the Entry Station Construction Documents
and Site Plan:
Sheet SD2
- South Site Plan
Sheet A1.3
- Entry Station Floor & Roof Framing Plan
Sheet A2.3
- Entry Station Building Elevations
Sheet A3.3
- Entry Station Building Sections and Interior Elevations
Sheet A3.313
- Entry Station Wall Sections and Details
Sheet A3.3C
- Entry Station Details
Sheet E1.1
- Entry Station Electrical Diagram.
2. Provide a Design/Build solar and/or wind system utilizing a 24-volt, sealed maintenance
free, deep cycle gel batteries for the power storage. The system will be required to be
converted from a 24 volt system to a 110 volt system by use of a power inverter. Solar
and/or wind energy storage batteries are anticipated to be located in the northwest corner
of the Entry Station, below the desk counter. Refer to sheet E1.1 for the anticipated
location of the breaker panel, inverter and other associated equipment necessary for the
system. The Soapstone Prairie Natural Area Entry Station will be closed during the months
of December, January and February. When in use, the Entry Station will be occupied for
approximately 8-10 hours a day on the weekends and up to 4 hours a day on weekdays.
Power demands for the entry station are as follows:
(1) one, 500 watt 2 foot long conventional electric baseboard heater.
(3) three, standard 110 volt light fixtures intended to utilize 23 watt compact
fluorescent lamps.
(1) one, standard laptop computer by owner
(1) one, battery charger for a 12 volt, hand-held radio battery by owner.
(1) one, standard Energy Star rated under counter refrigerator (optional) by owner.
3. Provide a 2-day reserve of power to be stored within the system.
4. Assume a free-standing solar and/or wind system that will be located within 50 feet of
the Entry Station Structure and provide and install all underground conduit and associated
wiring to the Entry Station.
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5. Design/Build contractor must be NABCEP (North American Board of Certified Energy
Practitioners) certified and a licensed electrician in the State of Colorado.
6. Design/Build contractor will be required to submit for a permit associated with the
electrical work and be responsible for getting the scope of work inspected and approved by
the State of Colorado electrical inspector.
7. Design/Build contractor to submit shop drawings including cut sheets of all the proposed
equipment with their bid.
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EXHIBIT B
FEE SCHEDULE
City of
a
rinOnGIH $@I VICOS
F6rt Collins
i mciln lug Dlvislo,l
215N MT9on St. 2"'r1004
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Purchasing `
4 'l t irn,;. 1 0 F0522
170.1716775
s;;ozzL��or
Active Solar and/or Wind Powered System
For Soapstone Prairie Natural Area
The City of Fort Collins is requesting quotes for an active solar or wind powered system for the
Soapstone Prairie Natural Area, 22998 Rawhide Flats Road, Fort Collins, CO. 80549, Please e-
mail this page complete with cost by November 4, 2008, 6:00 P.M. to John Stephen, CPPO, Senior
Buyer at,,tc hllei;,a it uv ,,npi. Contact telephone number is 970-221-6777 and fax is 970-221-
6707, The City prefers that all shop drawing and cut sheets be e-mailed but may be delivered to
Purchasing, 215 N Mason, 2n° A, Ft Collins, CO 80524. If mailed, City of Ft Collins, Purchasing
Department, PO Box 580, Ft Collins CO 80522.
A pre-bld meeting will be held at 215 N Mason, Room 2A, Fort Collins, CO at 10:00 A.M., October
29, 2008.
Provide and install a Design/Build active solar and or wind powered system for a remote entry
station in the Soapstone Prairie Natural Area. Cost must include design, all materials, fabrication
as needed, and Installation for a complete turnkey system. The City reserves the right to verify that
system will work as specified and choose a solar system or a wind system.
Solar System Lump Sum $ % Szyz�Z )
Wind System Lump Sum
PHONEIFAX # qj� ' " _ (( v 2
EMAIL rr���•e[.IJ ! C_. `1 f f t , C< 4
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